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(영문) 인천지방법원 2016.08.03 2016고합142
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In order to establish a consumer life cooperative, at least one unit of equity shall be invested, as stipulated by articles of association, and the number of units of equity by one member shall not exceed 20/100 of the total number of units of equity, and at least 300 persons qualified for membership shall be at least 300 persons, and the total amount of investments by a person consenting to establishment shall be at least 30 million won.

On October 29, 2013, the Defendant did not receive KRW 5 million investments from H, I, J, and K, respectively, and did not receive KRW 1.2 million investments from L. The Defendant drafted a false certificate of investment as if the said person made the said investments.

On November 10, 2013, the Defendant submitted an application for authorization to establish a M Consumer Cooperative (hereinafter referred to as “M Life Cooperative”) at the office of the Incheon Viewing Social Economy Department located in Nam-gu, Incheon, Nam-gu, Incheon, with a false contribution payment certificate, and obtained authorization on November 25, 2013.

On November 27, 2013, the Defendant entered an application for registration of the establishment of M&A in accordance with the authorization letter issued in the office of the Incheon District Court registration division located in 163, Nam-gu, Incheon, Incheon, with a false entry into the total amount of investment KRW 30,80,000,000 in total number of investment units, and KRW 3008,000,000 in total number of investment units.

As a result, the defendant registered the establishment of M&A by fraud or other improper means.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of N;

1. Each legal statement of H, I, and J in part;

1. Requesting a medical institution to investigate;

1. Details of deposits and withdrawals;

1. Reporting, etc. on establishment, and application of statutes governing authorization for establishment;

1. Article 85(2)3 of the pertinent Act on criminal facts and the former Consumer Cooperative Act (amended by Act No. 12833, Oct. 15, 2014; hereinafter “Life Cooperative Act”), the selection of fines, and the selection of fines, pursuant to Article 85(2)3 of the same Act on the basis of the option of criminal facts.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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